International Criminal Law: Cases and Commentary

Paperback | March 24, 2011

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International Criminal Law: Cases and Commentary presents a concise and comprehensive explanation of the development of major areas in substantive international criminal law, through a selection of key illustrative cases from domestic and international jurisdictions. The focus is on the lawrelated to individual criminal liability for war crimes, crimes against humanity, genocide and aggression, with specific attention paid to sources of international criminal law, fundamental principles of criminal responsibility and defences. Under the supervision of Antonio Cassese, the concisely-edited decisions presented in this casebook are accompanied by a short introduction setting out the circumstances of the case and a brief commentary on the importance of the decisions and principles illustrated, with cross-references to otherrelevant decisions on similar issues. At the end of each section, final remarks are added, together with thought-provoking questions and additional readings. International Criminal Law: Cases and Commentary focuses on the most relevant cases before international jurisdictions today and hard-to-find, domestic decisions that are highly relevant for the present and future development of international criminal justice. The volume is an important source for students and academics in the fields of public international law and international criminal law as well as a concise, interesting and instructive resource for practitioners, policy makers and staff of international organisations dealing with internationaljustice.

About The Author

Since March 2009, Antonio Cassese has been Judge and President of the Special Tribunal for Lebanon. He is also co-chairman of the working group of experts on Universal Jurisdiction established by the European Union and African Union. Between 1993-2000, he was Judge and President of the UN
International Criminal Tribunal for the former...

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Table of Contents

I: Sources and Principles of International Criminal Law1. Sources of International Criminal LawIntroductionA. International Custom and the Value of PrecedentsB. Treaties and Instruments Establishing International TribunalsC. General Principles of LawD. International Criminal Law and Human Rights2. The Fundamental Principles of International Criminal LawIntroductionA. Nullum Crimen Sine LegeB. Statute of Limitations and ImmunitiesC. Non Bis in IdemII: International CrimesIntroduction3. War Crimes4. Crimes against Humanity5. Genocide6. AggressionIII: Modes of Responsibility in International Criminal LawIntroduction7. Commission8. Joint Criminal Enterprise9. Co-perpetratorship10. Planning11. Ordering12. Aiding and Abetting13. Incitement to Commit Genocide14. Superior ResponsibilityIV: Circumstances Excluding Criminal ResponsibilityIntroduction15. Justifications (reprisals, self-defence)16. Excuses (superior orders, duress, mistake of fact, mistake of law, necessity, tu quoque)V: Jurisdictional and Procedural IssuesIntroduction17. Primacy v. Complementarity of International Criminal Tribunals18. The Need for Cooperation of States and Other Entities19. Extradition, Surrender and Transfer of AccusedConclusions